Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1887-02-02

when IN the estimation of the people,
every community is entitled TO: for we
lind upon the files of the county clerk
OF inns county, a petition signed by near
" al OF our county officers, requesting
that grand jury be called at this term
OF court, so that under The soIemnity of
your oaths, with the power 10 gather
testimony and enforce the attendance
OF witnesses from any part of this state,
with your proceedings and elaboration
under the law, made in secret and fully
protected against all intrusion and in
reference from the outer world. so that
you. without fear or favor. NAV make
true indictments against all those who
wllifully and purpOsely violate the law.
III IS the duty of every citizen to assist
IN bringing to the bar of public Justice,
all those who offend against the peace
AMI dignity of the state; but Won. gen
tlemen are called for the express Dur-
pose. at the expense of the county, and
clothed with all the authority necessary
10 July .peEform these duties. OF
course 1T is not expected of YOU that
you VIII unraVel the mystery of every
0nense. nor ascertain in every instance.
the person guilty, hut what is expected
Is that you will use your best endeay-
OPS, honestly, candidly, and dispassiOn-
ately in accomplishing, SO far as it lies
IN your power, the bringing of all Grim
lnals 10 answer for their crimes.
1he location OF our county, bordering,
as IL does, upon the Indian TERRITORY
a country infested with the most iiend-
lSh OutlawS-a country over which the
laws OF this state have 10 jurisdiction.
and one in which the Federal authority
Is but freely asSerted-renders il impor-
tant that the officers of the law. i'm the
border counties, be most vigilant i'm the
apprehension and punishment of crimi-
nalS. laXIty III the enforcement of
the law tends TO encourage those who
are disposed TO violate il. and as a nat
ural result, criminal offenSeS become
more frequent.
to any particular grade of offenses. ex-
cept such as the law requires should.
All o1enses OF serious nature which
nave been committed in this county
Should be most carefully considered by
You.
am required 10 charge you, especial
~, with reference to the prohibitory
law and the law relating to trespass
upon school lands. Section -, Chan. So.
OF the compiled laws of Kansas. of 1885
relating 10 prohibition reads as follows:
1t shall be, and is hereby made the
DUTY OF all courts of this state, before
whom grand jury is summoned, 10
charge such grand jury especially con-
corning this act. and direct said Jury to
inquire particularly of all violations of
any OF its provisions. ="
by simply calling your attention to this
sec, or the statute you can see. not on
ly what is my duty underit, but you can
see also, without any further inStruc-
ton from me, what your duty is.
am required To charge you, especially
with reference TO this act, and you are
required 10 inquire particularly of all
violations of any of its provision.
III would not be within your province
To question the propriety of this law in
| your jury room. Ii was enacted by the
! legislature. of this state. and became Il
law, after most careful consideration
OF the best methods of diminishing and
checking this IN st serious evil. You
should not shrink from doing your duty
under this law, simply because you may
DelleVe That 1t will not entirely put an
end to this evil. No law can be franz
ed that will entirely stop the commission
of crime. The Imprisonment for lar
ceny does not entirely stop stealing.
but the certainty of punishment in any
community, for every grade of crime,
IS standing terror to law-breakers.
The law requires me TO call your at
tentlon To the statutes with reference
/ To the school lands of this state, and
more particularly with reference to sec
ton 229, of chapter 81, Of the compiled
laws of 1885, which provides for the
! punishment OF persons committing tres
pass upon the school lands. 1t will be
| your uuty To inquire into this matter.
and determine whether or not any of
this property is being injured in any
manner in this county.
Your foreman is authorized to ad =
minister any oath or affirmation i'm the
manner prescribed by law. to any wit
ness who shall appear before you. for
the purpose of giving evidence.
The county attorney will attend you
ut any time you may request, for the
purpose OF examining witnesses in your
presence, or giving you advice upon any
| LEGAL matter.
Section 81. of chapter 50, of the COM
| piled laws of this state, requires me to
call your attention to the three sections
next preceding this, in this act-sections
81. 90 and 90.
Section 81 reads as follows: Sec. 81
| Members of the grand jury may be re-
| qulred 10y any court to testify whether
| the testimony of Il witness examined
before such grand jury is consistent
with or different from the evidence Civ
EN- by such Witness before such court !:
and they may also be required to dis
| close the testimony gwen before them
by any person. upon complaint against
lch person for perjury, or upon his
trial for such an offenSe."
Section % reads as follows mo men,
Der of grand jury shall be obliged. or
| allowed, to testify or declare i'm what
manner he, or any other member of the
grand jury, voted on any question be-
fore them, or what opinions were ex-
pressed by any. juror in relation to any
such question"
Section SO reads as follows: mo
grand juror shall disclose any evidence
given before the grand jury, nor the
name of any witness who appeared be-
fore them, except when lawfully re-
qulred to testify as witness IN relation
thereto; nor shall he disclose the fact
OF any indictment having been found
against any person for felony. not in
actual confinement, until the defendant
shall have been arrested thereon. ANY
juror violating the provisions of this
section shall be deemed guilty of mis-
demeauor.n
l request you 10 carefully read and
consider all of article Z. of chapter 50.
of the compiled laws-the article rela-
ting to grand jurors and their proceed
ings.
He further instructed them that as
an assistant attorney general had been
appointed for Barber county, that Off
Ger had the right to appear before the
grand jury in any matter affecting the
enforcement of the prohibory law; but
that the powers of the county attorney
had not been abridged by reason of the
appointment OF the assistant attorney
general. Further, the court stated that
no one had any right to be in the grand
jury room with the county attorney to
all him or for the purpose of cross-ex-
amining witnesses.
The criminal docket was informally
Lanllnl for ic.r...